A New Tax System (Goods and Services Tax) Act. Australia

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СКАЧАТЬ is not treated, for the purposes of paragraph (2)(a), as relating to making supplies that would be *input taxed to the extent that the supply is made through an *enterprise, or a part of an enterprise, that you *carry on outside Australia.

      (4) An importation is not treated, for the purposes of paragraph (2)(a), as relating to making supplies that would be *input taxed if:

      (a) the only reason it would (apart from this subsection) be so treated is because it relates to making *financial supplies; and

      (b) you do not *exceed the financial acquisitions threshold.

      (5) An importation is not treated, for the purposes of paragraph (2)(a), as relating to making supplies that would be *input taxed to the extent that:

      (a) the importation relates to making a *financial supply consisting of a borrowing; and

      (b) the borrowing relates to you making supplies that are not input taxed.

      15–15 Who is entitled to input tax credits for creditable importations?

      You are entitled to the input tax credit for any *creditable importation that you make.

      15–20 How much are the input tax credits for creditable importations?

      The amount of input tax credit for a *creditable importation is an amount equal to the GST payable on the importation. However, the amount of the input tax credit is reduced if the importation is only *partly creditable.

      Note: The basic rule for working out the GST payable on the importation is in section 13–20. However, the GST payable may be affected by other provisions in:

      (a) this Act (for a list of provisions, see section 13–99); and

      (b) other GST laws (for example, see subsection 357-60(3) in Schedule 1 to the Taxation Administration Act 1953 (about the effect of rulings made under Part 5–5 in that Schedule)).

      15–25 Importations that are partly creditable

      (1) An importation that you make is partly creditable if it is a *creditable importation that you make only partly for a *creditable purpose.

      (3) The amount of the input tax credit on an importation that you make that is *partly creditable is as follows:

      where:

      extent of creditable purpose is the extent to which the importation is for a *creditable purpose, expressed as a percentage of the total purpose of the importation.

      full input tax credit is what would have been the amount of the input tax credit for the importation if it had been made solely for a creditable purpose.

      (4) The Commissioner may determine, in writing, one or more ways in which to work out, for the purpose of subsection (3), the extent to which an importation is for a *creditable purpose.

      15–99 Special rules relating to creditable importations

      Chapter 4 contains special rules relating to creditable importations, as follows:

      Checklist of special rules

      Item

      For this case…

      See:

      1AA

      Annual apportionment of creditable purpose

      Division 131

      1A

      Fringe benefits provided by input taxed suppliers

      Division 71

      1

      GST groups

      Division 48

      2

      GST joint ventures

      Division 51

      2AA

      Importations without entry for home consumption

      Division 114

      2A

      Non-deductible expenses

      Division 69

      3

      Pre-establishment costs

      Division 60

      3A

      Representatives of incapacitated entities

      Division 58

      4

      Resident agents acting for non-residents

      Division 57

      Part 2–4—Net amounts and adjustments

      Division 17—Net amounts and adjustments

      17-1 What this Division is about

      A net amount is worked out for each tax period that applies to you. This is the amount payable by you to the Commonwealth, or payable to you by the Commonwealth, for the tax period.

      Adjustments can be made to the net amount. Increasing adjustments increase your net amount, and decreasing adjustments decrease your net amount.

      Note 1: GST on taxable importations is not included in the net amount. It is dealt with separately under section 33–15.

      Note 2: Net amounts payable to the Commonwealth are to be paid to the Commissioner on the Commonwealth’s behalf (see Division 33).

      17-5 Net amounts

      (1) The net amount for a tax period applying to you is worked out using the following formula:

      where:

      GST is the sum of all of the GST for which you are liable on the *taxable supplies that are attributable to the tax period.

      input tax credits is the sum of all of the input tax credits to which you are entitled for the *creditable acquisitions and *creditable importations that are attributable to the tax period.

      For the basic rules on what is attributable to a particular period, see Division 29.

      (2) However, the *net amount for the tax period may be increased or decreased if you have any *adjustments for the tax period.

      17–10 Adjustments

      If СКАЧАТЬ